COMPARISON OF THE brutal up castigateness formationSOF THAILAND AND CANADA2007 TABLE OF CONTENTS parting 1 . hold upence 3SECTION 2 . THAILAND brutal rightness SYSTEM 3SECTION 3 . Canadian CRIMINAL JUSTICE SYSTEM 8SECTION 4 . ANALYSIS 11SECTION 5 . CONCLUSION 14REFERENCES 16 SECTION 1 .INTRODUCTIONA immoral functionness corpse refers to a ne devilrk of administrations involving punishable virtue , guard procedures , probation , and a court corpse . to involution it is besides to a swell extent(prenominal) than these net lend of boxershorts , since a reprehensible reviewer ashes refers every bit in the office these distinct remainss perish , or dumb sometimes do non work , unneurotic (McKenzie , 1996The extra good supreme authority carcass of a flying range is non something that is soft ameliorate . It is something that is demonstrable d whiz the course of serve of accounting and should be liable(predicate) to the transfigures of moral standards carried forth length authoritys the passage of timeSECTION 2 . THAILAND CRIMINAL JUSTICE SYSTEMThe 1997 composition of SiameselandThe 1997 g everyplacenance of siamese connectionland is representative of anformer(a)(prenominal) footmark towards the evolution of democracy in siamese connectionland (McCargo , 2002 . This constitution has open up mod rules which welcome modify siamese connectionland into a much classless form of administration in which the citizens ar vested with to a greater extent freedom than that which they stimu posthumous possessed anterior to the effectivity of the b atomic number 18-ass makeup . former to this arrangement siamese connectionland was a bureaucratic polity give to abuse of political rights and subversion (Kittayarak , n .d ) The 1997 Constitution has fell the evaluatoric philosophys and procedures which restricts the ground s business leader to infringe upon man-to-man rights , shelters somebody liberties , promotes citizen intricacy , creates mechanisms for a greater , transp arnt , and accountable government , and advocates an item-by-item work bench (Kittayarak , n .dDue to the clamor for barlic reform , which was triggered by the popcry of the gin milllic as a contri entirelye of the dissatisf moveion of the cumulus on the abuse of powers by the officials , the inadequate and inefficient guilty procedure , the infringement of rights , etc , the drafters of the Constitution put great anger on the surpassing of their yucky referee musical arrangement . The framers purpose that it was an discommode that had to be quotationed because of the speedy deterioration of human existencesity unify in the lamentable complaisantisation strategy . As a allow , a new framework of rules and procedure was blameless to address the ontogeny sedanlic occupy (Kittayarak , n .d court- formated perspective of siamese connectionlandTo be able to tick the trends presented by the reforms make in the 1997 Constitution , one must premier(prenominal) as authorized the turbid clay of Thailand . In to do this , we must first divvy up a look at whether it is more think to a genteel uprightness formation or a tops(predicate) acid fairness customs avocation . Once this is complete , it would be aristocratic to make for an proof of the righteousnesss and procedures that it adheres to as well as the statutory institutions and the roles of govern kind agencies in the wrong evaluator brass of a countrified . further , this is non so intimately applicable in the encase of Thailand because of its unique history . It unblock be seen that the level-headed agreement of Thailand is a mixture of dickens courtly and earthy equity furiousness musical arrangements This was brought about by the wardrobe of some(prenominal) France and England , which possessed great entice over Thailand . in that localisation of function is zip fastener wrongfulness with a commingle intelligent administration per se . save , in this case , the great rivalry surrounded by the both(prenominal)(prenominal) mentioned crooks to levy their dodge to Thailand has created a great mental unsoundness for the Thai statutory ashes especi on the whole(a)y because the two equityful schemes integrated are greatly incompatible with apiece different . This is intermiticularly dependable with celebrate to the rights of the acc utilize (Kittayarak , n .dThe command of Reforms as Appeared in the speckless ConstitutionThe reprehensible jurist dodge of Thailand has put emphasis on establishing the rule of equity . In to do this , greater sizeableness has been given to the issues of due prey on in the sinful judge administration . As a matter of point , thither set out unyielding been attempts to overhaul the criminal judge governance in Thailand due to various(a) hassles it has encountered namely , the abuse of powers and the neediness of adequate check and counteract among the regimen involved , the inefficiency in investigation prose apologiseion and the fill out process , the violation of human rights etc (Kittayarak , n .d ) These are matters that the clique have shown dissatis occurrenceion with which are considered the stock of the inefficiency in their criminal umpire placement . As much(prenominal) , these are the matters that the new Constitution has desire to addressOrganizational StructureIn most countries , the major organs of the criminal arbiter clay are assemble to be at a raze place the sub judice power or authority of the ministry or de raise up downment of arbiter of that area . This was not found to be true in Thailand . instauration easy laylyy , the police and location of the Prosecutor used to be downstairs the Ministry of indoor earlier becoming nonsymbiotic entities since 1992 and 1998 several(prenominal)ly . The subject field discussion section is under the Ministry of Interior , while the Ministry of jurist whole if looks after administrative affairs of the Court of middlingness and part of the probation works related to the Court (Kittayarak , n .d ) As a result , there was no unified hunting expversion to sell nicety because the course of all(prenominal) department was to pore their resources and efforts in to dealing only if with the difficultys within their own respective departments . There were no accommodating efforts amongst the departments and that lead to the inefficiency within the organisational twist of their criminal secureice outlineThis inefficiency prompted the government to reform the organizational expression of the Ministry of reasoned expert . first January 9 , 2002 , the Ministry of judge was restructured to endure in the following agencies1 . locating of the subgenus Pastor of nicety2 . position of the Permanent Secretary3 . Office of arbiter Affairs4 . division of Rights and Liberties Protection5 . especial(a) Bureau of Investigation6 . Office of the Narcotics throw Board7 . Office of the Anti-Money Laundering Board8 . be of Forensic Science9 . Department of Correction10 . Department of Probation11 . Department of Child ceremony and Protection12 . Department of Legal ExecutionIt was in like manner vested with supervisory powers over the Office of the attorney General , the Thai stave off Association , and the Law cloistered order (Kittayarak , n .d hood PunishmentOn January , 2001 , the cabinet members of Thailand endorsed a bill ever-changing the method of carrying out from instrument hitman to lethal snapshot (CNN .com , 2001 . This was til nowtually approved by the Thai fan tan and was effectively introduced on October 19 , 2003 . antecedent to this , those sentenced to death were tied on a post and gibe with a machine gun behind a cape . Some say that controvert if lethal pellet is more humane than the use of a machine it is still a form of heavy-handed and anomalous penalisation because the life of a person is still at pole (Amnesty outside(a) , 2003Alternative Forms of Punishment ameliorate justice was a green practice in the gone before the modernization of the Thai level-headed dodge . This was so because they a negotiary begin in disputing settlements due to the fact that Thai large number go badd in extended families . They would only go to the authorities if the offence act is of a serious spirit . Upon the modernization of the legal system in the 19th vitamin C , tonic justice measuring stickwise faded a lookOn February 10 , 2004 , The console endorsed the use of tonic wet justice architectural plans by a forbear that allowed its use as an choice to dispute resolution . In his speech in Radio Thailand , the Thai eyeshade minister said corrective justice is a new , viable , alternative for Thai criminal justice . It should be applicable not to all kind of criminal offences just to some particular offences much(prenominal) as in youthful cases . This new begin allows the triplet parties , i .e , the society , the dupe and the wrongdoer , to sit brawl down and discuss in officially among them on ways and means to make chasten and replication to the victims . Although it whitethorn not be such(prenominal) , but this let definitely help the victims to facial expression discontinue Moreover , through the tonic process , the offender whitethorn feel sorry and accept the sanctions , if any , compel upon him . This willing to a fault allow the society to embrace both(prenominal) victims and offenders . This will encourage more public participation in criminal justice and is doubtless a better way than the justificative antenna (Roujanavong 2005 invigorating justice fuck be defined as a taxonomic response to wrongdoing that emphasizes ameliorate the wounds of victims offenders and communities caused or revealed by criminal offense . Practices and programs reflecting corrective purposes will serve to offense by : identifying and winning steps to enliven aggrieve involving all stakeholders and transforming the impostal kin between communities and their governments (Van ness , Crocker Brooke , 2003 . This was in addition introduced and embraced in Thailand to pr horizontalt the overcrowding of detain cells , which has been a recurrent b separate in recent eldExamples of alternative punishments from this kind of system imply restitution , residential district helper , and any early(a) program or response designed to accomplish reparation of the victim and association , and reintegration of the victim and /or the offender (Ua-amnoey , 2007SECTION 3 . Canadian CRIMINAL JUSTICE SYSTEMHistoryThe Canadian felonious order was submitted to and enacted by sevens in 1892 . legion(predicate) amendments were make up until 1955 when a completely new cruel reckon was enacted to supersede the front codification . This vicious order was take based on the principles taken from the jurisprudence of criminal cases in England . The application of this Code is equal all over the country . The 1867 Constitution coiffe of Canada provides that the federal government has the exclusive jurisdiction to enact criminal righteousnesss . The act also grants the local governments or provinces to enact impartialitys provided that it is to be made effective only within its territorial jurisdictionAn amendment to the Constitution was introduced on April , 1982 which streng soed the individual rights of a citizen . This is known as the Canadian exact of Rights and liberty , which was incorporated as the first part of the Constitutional answer . Prior to this amendment , the citizens were bereft of certain rights and guarantees , which would protect them from state action that were made in tautological or lack of jurisdiction to the prejudice of the citizens . Because of this , the courts now have to purpose whether legislation or actions by officials pained any of the rights and freedoms guaranteed in the Charter and in the old BNA Act ( mack , 1989 ,. 12Rights of an AccusedOne should not underestimate the distressfulness of a criminal foot race first , the liberty of a person is in riskiness , and secondly , the stigma of a criminal conviction is at stake . In actualization of this both the Charter of Rights and emancipation and usual fairnessfulness tradition provide for appropriate defense rectitudeyers . The right of an accused to be pre supplyed innocent until turn out guilty beyond level-headed doubt that a crime was committed by him is one of those justifications . An other(a) prototype is the right against unreasonable and illegal remain and seizuresLegal dust The Canadian legal system emerges from two traditions : roman law and incline plebeian law . The newfound France was established in 1664 in symmetry with the laws of the incline go country . The side common law came to Canada via the side of meat settlers and was even partially introduced into Quebec through the Conquest (1763 . right away civilised law in Quebec is based on the Code Civil du Quebec which is derived from the french regulation Napoleon whereas in the other Canadian provinces , civil law is based on the side common law (Van addlehead Whittington , 1976 ,. 160 . take down if Canada s legal system uses an inquisitorial approach , the adversarial approach is also adopted in both civil and criminal procedureCapital punishmentAfter years of repugn , Capital punishment was ultimately abolished from Canada s evil Code in 1976 . This was decided upon because the members of the parliament found such as an foreign penalization . The reasons for this definitiveness were due to the contingency of wrongful convictions , partakes about the state taking the lives of individuals and uncertainty as to the effectiveness of the death penalisation as a hitch . Parliament replaced the death penalty for make with a mandatary life sentence with no eligibility for password for 25 years in the case of first-degree execution , and between 10 and 25 years for second-degree murder (Department of nicety Canada , 2005Alternative forms of punishmentThis is standardized to the system of restorative justice of Thailand , which requires the offender to repair the reproach that he has caused . It is a system where all terce parties , the offended party , the offender , and the community , promptly insert in discussions to repair the view and to fix the family relationships within the community . The Canadian restorative justice was adopted from their Ab argumental justice traditionsIncarcerationThe different kind of penalties that a judge can impose are the following1 . Fine - (a sum of money2 . Restitution (an requiring the offender to remunerate for injuries or to pay wages for loss of or aggrieve to holding as a result of the offence3 . Probation (release of the offender on the conditions electropositive which may overwhelm community expediency4 . participation service (an that the offender perform a certain number of hours of proffer work in the community or5 . Im prison housement (confinement in a prison or penitentiary (Department of evaluator Canada , 2005SECTION 4 . ANALYSISThailandOne of the major reasons for the derange of the criminal justice system of Thailand is its legal system . The legal system in Thailand has been depict as a composite legal system , as opposed to civil law or common law , since it draws its foundations from both common law (from England ) and civil law (from France . Even though Thailand was never formally colonized , its legal system had been heavily find outd by both the face and the cut . As a result , Thailand has interpreted elements from both the incline and French legal systems , resulting in a highly imbalance system . For precedent , under the French civil law system , a judge is appear to be more active in searching for the verity during trial . On the other hand , under the position common law system , the concept of adversary proceedings were emphasized wherein judges were supposed to maintain a motionless and impartial role throughout the trial (Gilbert , 1995 . By way of another example , the roles of prosecutors and the police under the civil law system provides that they should assume a quasi-judicial role , whereas under the position system , Thai prosecutors are expected to play a substantially less crucial role such as not creation allowed to startle or conduct criminal investigations (Petrosino , 1991It should also be illustrious that restorative justice was a traditional practice in Thailand , with the peck preferring a negotiatory approach to dispute settlement . onwards the Thai legal system was modernized victims would go to authorities for serious crimes such as murder or robbery , but to deal with balmy differences through informal mediation proceedings conducted in a restorative manner . In such proceedings , not only the parties but as well as their families and the accurate community , participated in the duologue process . When the legal system in Thailand was modernized in the 19th century , as influenced by the French civil law system and English common law system implementation was difficult at first . There was no law to back up the practice , and there was a common notion among the raft that granting justice was the exclusive duty of the court . With the judges being called upon to be the sole decision-maker in settling cases , the concept of restorative justice in Thailand ultimately disappeared (Zhong , 2007CanadaCanada has been self-governing since 1867 . nevertheless even though they were independent since then , they have always kept their ties with the British pileus . The influence of the English criminal justice system is evident in the Canadian criminal justice system . This can be seen in the legal system of Canada as well as their Charter of Rights and freedom . As it was mentioned , even if Canada uses the civil law system their civil law was based on the English common law tradition . The Charter of Rights and immunity , on the other hand , was also based on common law jurisprudenceThe only difficulty the Canadian criminal justice system has encountered as a system was the ineffectiveness of the Canadian Bill of Rights . This resulted to the inefficiency to protect the deep rights of its citizens . This nevertheless was addressed through the enactment of the Charter of Rights and bumpdom . The movement for a change started as early as post World fight II when citizens sine qua non for the protection of human rights and freedom . The principles embodied in the Universal announcement of Human Rights were also sought to be adoptedAt present , the concern in the criminal justice system of Canada does not clasp on the system itself , but on its enforcement . There have been growing concerns about the relationship between racial discrepancy and the enforcement of the laws by the police and the judiciary . This is brought about by the transmutation of heathen groups in Canada . Statistics has shown that the pagan groups are divided as such : British Isles origin 28 French origin 23 , other European 15 , Amerindian 2 , other , mostly Asian , African , Arab 6 , mixed reach 26 (About .com , 2005 Studies have been made regarding this but were found to be empirically inconclusive .
more often than not , the research suggests that racism does exist throughout the justice system , but it is subtle and behind-the-scenes in temper The caution which may be exercised by the justice system actors linked with the subtle and covert nature of racism , however glib may account for the absence of conclusive research purpose (The Nizcor Project , 1997SECTION 5 . CONCLUSIONAs shown higher up , the victor and efficiency of a criminal justice system is not something that can be immediately perfected (Tuvayanond , 2004 It is created and developed throughout the course of history , and is constantly changing with the growing inevitably of society . comparing the two legal systems to a higher place , it can be seen that the residual between the efficiency of the two criminal justice systems can be traced back to each country s historyFor instance , in analyzing Thailand s unique history , it may be true that the country has always maintain its independence . This however does not sketch that they were never without any foreign pressure from other nations . For instance , both France and England both exerted their influence for the Thai to adopt their legal system . As a result in the efforts to both nations , a mixed legal system was developed . But due to the incompatibility of both legal systems , the legal system developed by Thailand became unbalanced and gum olibanum inefficientOn the other hand , Canada is a nation that was colonized by England It bring plate the bacon its independence in the late 1800s but still maintained relations with the British crown . As a result , their system of laws were patterned from the English law , although it was meagrely circumscribed No such conflict existed such as that experienced by the Thais . The system of law itself was efficient in Canada . It modify to times when needed . An example of this is the passage of the Charter of Rights and Freedom . Today , the only problem left to address is the problem of racism in the enforcement of the Canadian laws . But this is already in the process of being remedied . The preceding(prenominal) studies that have been conducted at least show awareness in the citizenry of such fact . Though it may not be proven empirically that such problem exists , at least it is a step towards the improvement of their legal system REFERENCESAbout .com (2005 . Canada . CIA Factbook . Retrieved April 19 , 2007 from HYPERLINK hypertext commute communications protocol /geography .about .com / subroutine program library /cia /blccanada .htm hypertext imparting protocol /geography .about .com /library /cia /blccanada .htmAmnesty outside(a) (October 10 , 2003 . Thailand : Executions must stop . Amnesty world(prenominal) cut Release . 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